Friday, 18 August 2017 03:35

Osinbajo, lawyers say hate speech is terrorism

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Acting President Yemi Osinbajo has described hate speech as a form of terrorism, saying the Federal Government had drawn the line on it.

Osinbajo was speaking yesterday at the Banquet Hall of Aso Rock Presidential Villa in Abuja, at a one-day national security summit organised by National Economic Council.

The retreat was attended by state governors, members of Federal Executive Council and security chiefs.

Osinbajo said “Hate speech is a species of terrorism. Terrorism as it is defined popularly is the unlawful use of violence or intimidation against individuals or groups especially for political ends. The law, that is the Terrorism (Prevention) Act 2011 (as amended), defines terrorism, inter Alia, as an act deliberately done with malice, which may seriously harm or damage a country or seriously intimidate a population.

“The intimidation of a population by words, by speech is an act of terrorism and this government intends to take this matter very seriously. As I have said, we’ve drawn a line against hate speech, it will not be tolerated, it will be taken as an act of terrorism and all of the consequences will follow it", he said.

Reacting to Osinbajo’s declaration, senior lawyers yesterday backed the statement that hate speech constitutes a terrorism offence.

Niyi Akintola (SAN) said hate speech, which is an act of incitement, is captured under the Criminal Code, adding that what has been lacking is the political will to implement the law.

“Our problem in Nigeria is not lack of the necessary legislation but it is the will. If hate speech is being treated as an act terrorism I think the Acting President is right", he said.

Sebastine Hon (SAN) said the acting president was “absolutely correct” in his classification of hate speech as terrorism and asked him to bring the full weight of the law to bear on offenders and sponsors, as provided in Section 4 of the Terrorism Prevention Act, 2011.

“There can be no better description of the current situation in Nigeria, where ethnic or cultural groups are issuing, and willy-nilly organised and unguarded threats to other ethnic groups", he said.

Also speaking, Lagos-based commercial lawyer, Etigwe Uwa (SAN) said hate speech can also be punished through the provisions of Cybercrime Act.

However, Lagos-based civil liberties lawyer, Olisa Agbakoba (SAN) pointed out that there is no specific legislation against hate speech, adding that if no specific law was enacted to tackle the offence, it would suffer in the law courts by objections that there is no such law.

“Section 38 (12) of the constitution makes it very clear that every offence must be defined. Hate speech is not defined. Hate speeches are intended to incite or when you use vulgar speech", he said.

“When you look at issues being traded now in Nigeria between Nnamdi Kanu’s people and the Arewa Youths, I had once said that the so-called hate speech by the Arewa Youth Movement is politically incorrect but legally permissible. There is no law that says somebody cannot use hate speech. My point is if we want to tackle hate speech you have to have specific law for that", he added.

Daily Trust

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